Complaint #200606700,
May 13, 2006

Officer: Fabara, Carlos
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Fabara, Carlos
Complainant: Black Male, 42
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Florio, John
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Handelsman, Matthew
Complainant: Black Male, 42
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer Complainant Allegation CCRB Conclusion
Fabara, Carlos Black Male, 42 Abuse of Authority: Search (of person) Unsubstantiated
Fabara, Carlos Black Male, 42 Abuse of Authority: Question and/or stop Exonerated
Florio, John Black Male, 42 Abuse of Authority: Vehicle search Unsubstantiated
Handelsman, Matthew Black Male, 42 Abuse of Authority: Vehicle search Miscellaneous - Subject Resigned

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

At approximately 7:00 PM on May 13, 2006, [redacted] borrowed a friend's green Volkswagen Jetta in order to drive his two sons, [redacted] ([redacted]-old) and [redacted] ([redacted]-old), to Rockaway Beach. [redacted] parked the car in an abandoned, vacant parking lot near Beach 32nd Street. [redacted] and his sons talked and watched the birds while sitting in the car. There were listening to music at a moderate level and it was still light outside. [redacted] sat in the back passenger's seat while [redacted] sat in the front passenger's seat. [redacted] sat in the driver's seat.
After about 10 minutes, [redacted] told [redacted] that he had to urinate. [redacted] asked if he could wait until they went up the block, but [redacted] said "no." [redacted] told him to go in some bushes roughly two and a half feet from the car. [redacted] exited the car [redacted] and [redacted] remained inside the car). As he began to urinate, a gray unmarked Chevy Impala with tinted windows quickly pulled up diagonally in front of [redacted]'s car, blocking him in. Three officers - Sgt. Carlos Fabara, PO John Florio, and PO Matthew Handelsman (identified by the investigation) – exited the vehicle. Sgt. Fabara went to the driver's side and asked [redacted] what he was doing there. [redacted] replied that he was hanging out with his kids and asked if that was a problem. PO Florio asked [redacted] what [redacted] was doing and [redacted] replied that he was his [redacted]-old son and needed to urinate immediately. PO Florio pointed out that there were cars driving by, which could have seen what [redacted] was doing. [redacted] conceded this point, but added that his son had to relieve himself and did so in the bushes when nobody was around. PO Florio then mentioned that there were a lot of stolen cars in the area. [redacted] responded that his car was not stolen, at which time Sgt. Fabara asked him for his license and registration. [redacted] had one of his sons (he could not recall which) obtain the information from the glove box... Read report for details.


Details

Incident: May 13, 2006
Received: May 23, 2006
Closed: August 9, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Summons - other violation/crime